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Early History of Codified Law Code of Hammurabi Mosaic Law Justinian Code Greek

Early History of Codified Law Code of Hammurabi Mosaic Law Justinian Code Greek. Early History of Codified Law Code of Hammurabi Earliest Literally carved in stone Categorisation : family, criminal, labour , property, trade, business. Retribution Established system of judges.

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Early History of Codified Law Code of Hammurabi Mosaic Law Justinian Code Greek

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  1. Early History of Codified Law • Code of Hammurabi • Mosaic Law • Justinian Code • Greek

  2. Early History of Codified Law • Code of Hammurabi • Earliest • Literally carved in stone • Categorisation: family, criminal, labour, property, trade, business. • Retribution • Established system of judges

  3. Early History of Codified Law • Mosaic Law • First give books of Old Testament, Ten Commandments • Literally carved in stone • Corporal/capital punishment • Retribution

  4. Early History of Codified Law • Justinian Code • Became basis for Western law traditions • Established profession of experts • Equity • Lives on in Napoleonic (French Civil) Code

  5. Early History of Codified Law • Greek • responsible for 4 main types of law: • 1. Tort Law • 2. Public Law • 3. Procedural • 4. Family • creating the legal process trials, convictions, and sentencing

  6. Foundations of Canadian Law • Two of three founding nations of Canada • France- Napoleonic/French Civil Code • England- Common Law

  7. Foundations of Canadian Law • French Civil Code • Private Law, based on Roman Law of Emperor Justinian • 1 book • Associated with “Civil Code” & “Justinian Code” • Contains almost all private law • Major influence Quebec Law- permitted in Proclamation 1770/Quebec Act 1774

  8. Foundations of Canadian Law • English Common Law • “Judge-made law” • Founded in feudal England • Judges traveled from town to town & applied the law similarly in similar cases • Known as: “Rule of Precedent” • “Stare Decisis” – to stand by previous decision • Established impartial & standard law • Judges rulings recorded – creating Case Law, which was applied in future similar legal cases • *King always maintained veto

  9. Foundations of Canadian Law • English Common Law Evolution (I) King Lords Barons (Sole Judges of law) Judges English Common Law (Judges met (assizes) to increase consistency)

  10. Foundations of Canadian Law • English Common Law Evolution (II) • Rule of Law • Equality • No restrictions without reason • Legal rights could not be changed without consent (of the people, where true power lay) • Habeas corpus

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